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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 2, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act by the District Court of Jung-gu.
On November 21, 2019, the Defendant driven an Erocketing car under the influence of alcohol content of about 0.068% at a section of about 500 meters from the Do of Yangju to the roads in front of the Diplomatic Conference in Yangju-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), inquiry into the results of the crackdown on drinking driving, and report on the situation of a drinking driving;
1. Application of Acts and subordinate statutes to criminal records, etc. inquiry report (A), investigation report (Attachment to the same summary order), summary order;
1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;
2. No sentencing criteria shall be set;
3. Since the Defendant was punished for a violation of the Road Traffic Act (driving) around 2009, the sentence sentence is determined by comprehensively taking into account the following factors: (a) the interval with the previous penal records; (b) the blood alcohol concentration in the instant case is 0.066%; and (c) the attitude of the Defendant’s obscising the Defendant’s wife; and (d) the Defendant’s scising attitude is considered particularly taking into account the Defendant’s age, character and behavior; (b) family relationship; (c) motive and means of the offense; and (d) the circumstances after the offense